ARVIND KUMAR MISHRA-I, J.

1. By way of instant appeal, challenge has been made to the validity and sustainability of the judgment and order of conviction dated 25.04.2013 passed by Additional Sessions Judge, Court No.10, Mathura, in Special Session Trial No.119 of 2011 State Vs. Than Singh, arising out of Case Crime No.164 of 2011 under Sections 15 (C) N.D.P.S. Act, Police Station-Baldeo, District-Mathura, whereby the accused-appellant has been sentenced to undergo ten years rigorous imprisonment coupled with fine Rs.1,00,000/-, in default of payment of fine, he will have to undergo additional one year simple imprisonment.

2. Facts relevant for adjudication of this appeal are rooted in the arrest and recovery of the appellant on 03.07.2011 effectuated by the informant Sanjeev Kumar Tomar in company with his police personnels of Police Station Baldeo, District Mathura around 20:45 hours whereby 20 plastic bags/containers with 400kg. of Doda powder were recovered from possession of the accused-appellant near Hanuman Temple within vicinity of Village Akbargarhi. The place of occurrence is stated to be 7 kilometers away from Police Station. Report of the arrest and seizure of t